Can the issue fee be refunded?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The issue fee can be refunded under certain circumstances:

  • If an application is withdrawn from issue, a refund of the issue fee may be requested.
  • Refunds are subject to a $50 processing fee.
  • The request for refund must be filed within two years from the date of payment of the issue fee.

MPEP 1306 states: “The Office will not refund the issue fee if the application is not published as a patent because the application was abandoned or withdrawn from issue, or because the applicant failed to pay the issue fee. See MPEP § 1306.01.”

Tags: issue fee, Processing Fee, Refund, Refund Request, withdrawn application